GS Paper 2

Recognition of McMahon Line by the US to mark boundary between India & China

What is McMahon Line?

  • The McMahon Line, named after British colonial officer Henry McMahon, is a disputed boundary between India and China that runs through the eastern Himalayas.
  • The line was established in a 1914 treaty between the British Empire and Tibet, which was then an independent country. China, however, does not recognize the McMahon Line and considers it a relic of British colonialism.
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Right hand palm theory of China

  • Firstly, it is important to understand the history of the McMahon Line and the dispute surrounding it. When the treaty was signed in 1914, the Chinese government was not consulted, and it has since claimed that the treaty was invalid. China maintains that Tibet was a part of China at the time and that the McMahon Line was never recognized by the Chinese government.
  • The McMahon Line became the de facto boundary between India and China after India gained independence from Britain in 1947.
  • China, under the leadership of Mao Zedong considered Tibet to be the right hand’s palm of China with Ladakh, Nepal, Sikkim, Bhutan and NEFA (Arunachal Pradesh) as its five fingers.
  • It therefore was China’s responsibility to “liberate” these regions believed Mao. 
  • After annexation of Tibet it was widely expected that China may attempt to liberate these regions but global outcry against Tibet’s annexation forced Mao to distance himself temporarily from the idea. 
  • However, in 1962, China launched a surprise attack on India along the McMahon Line, resulting in a brief but intense war that ended with China's victory. Since then, there have been occasional flare-ups along the border, including a deadly clash in 2020 that led to the deaths of several Indian and Chinese soldiers.
  • India and China have engaged in several rounds of talks over the years to resolve the border dispute, but progress has been slow. Meanwhile, the US has increasingly taken an interest in the region, viewing China's growing influence and assertiveness as a threat to its strategic interests.

Recognition of McMahon Line by the US

  • Recently, there has been much discussion about the recognition of the McMahon Line as the official boundary between India and China by the United States.
  • The move, if it were to happen, would have significant geopolitical implications for the region.
  • The US recognizing the McMahon Line as the official boundary between India and China would be a significant diplomatic move, one that would have implications for the entire region. It would signal US support for India and its territorial claims, which could embolden India in its dealings with China. It could also encourage other countries in the region, such as Japan and Australia, to take a stronger stance against China's assertiveness.
  • However, such a move would undoubtedly be met with strong opposition from China, which views any recognition of the McMahon Line as a violation of its territorial integrity.
  • China has already warned against any such move by the US, stating that it would harm bilateral relations between the two countries.

India-China Border Dispute

  • India shares a 3488-km boundary with China along J&K, Uttarakhand, Himachal Pradesh, Sikkim & Arunachal Pradesh. 
  • Border between India and China is not demarcated throughout and there is no mutually agreed Line of Actual Control (LAC). 
  • Entire border is divided into three sectors: Western sector is disputed (Ladakh); Middle sector is largely settled and peaceful (Himachal Pradesh & Uttarakhand) and Eastern sector is unsettled and disputed (China claims entire Arunachal). 
  • China claims that the border claimed by India as signed by British India and Tibet was under colonial pressure and a weak China. China does not agree. 
  • British India had failed to produce a single integrated and well-defined northern boundary separating the Indian subcontinent from Xinjiang and Tibet. 

Western Sector 

Western sector i.e., Aksai Chin Sector 

  • The two sides differ over boundary line that separates Ladakh region from Xinjiang province of China. 
  • India accuses China of illegally occupying Aksai Chin and some other parts of Ladakh region. China sees Aksai Chin as extension of Tibet plateau whereas India claims it is an extension of Ladakh plateau. The region is mostly uninhabited. 
  • Aksai Chin is important for China as it connects two backward provinces of China i.e., Tibet and Xinjiang. 
  • British Johnson Line where Aksai Chin was part of Kashmir another advocated McDonald line under which Aksai Chin falls under Xinjiang Province of China. 
  • As a result, disagreement prevails with India claiming Johnson Line to be correct and China claiming McDonald Line to be correct. 
  • In the official map of India of 1950, India marked east of Karakoram range as “boundary undefined”.
  • Currently, LAC at present separates India and China in the absence of a mutually agreed boundary, there is a difference in perceptions about the alignment of the line. 

Eastern Sector: McMahon Line 

  • In eastern sector, boundary was delineated in 1914 Shimla conference of British India, China and Tibet. 
  • British proposed formation of Outer Tibet bordering India & Inner-Tibet bordering China. 
  • A boundary demarcating Tibetan region of China and the North-east Frontier Areas of India (current Arunachal Pradesh) was agreed upon by British and Tibetan representatives which came to be called McMahon Line. 
  • China does not recognize McMahon line as it was signed between British and Tibet which was not a sovereign state at the time. 
  • As a result, China claims Arunachal Pradesh especially Tawang as part of Tibet. 
  • India on its part while recognizes Chinese suzerainty over Tibet and considers McMahon line to be the official boundary.

In conclusion, the recognition of the McMahon Line by the US as the official boundary between India and China would be a significant development in the ongoing border dispute between the two countries. While it would provide India with diplomatic support, it could also escalate tensions with China, which has already warned against such a move. Ultimately, a peaceful resolution to the border dispute remains the best outcome for all parties involved.

India-Italy Relations

India and Italy are celebrating 75 years of establishing diplomatic relations. In order to strengthen the relations even further, both countries have elevated the bilateral relations to a strategic partnership.

Factors strengthening India-Italy relations

  • The trade between India and Italy has doubled in 2022 (from 2020) to 15 billion euros.
  •  In 2020, a five-year action plan has been adopted which focuses primarily on energy transition, food processing, advanced manufacturing, the creative industry and infrastructure of various kinds.
  • Italy has joined multilateral initiatives promoted by India like the Indian Ocean Rim Association, the Coalition for Disaster Relief Infrastructure, the International Solar Alliance etc.
  • India and Italy are also collaborating in the field of culture and creative spheres like fashion, design and cinema etc.
  • India and Italy are collaborating in the field of science and technology and have launched 13 new joint products.
  • There has been a lot of movement of Indian students and workers in Italy and there are around 200,000 Indian living, working and studying in Italy (The highest in the EU).
  • In the health sector, during the pandemic, the two countries have collaborated since the beginning with the exchange of experiences and practices, with humanitarian initiatives, and we have also promoted joint research projects.
  • Now, the Joint Declaration approved in the last Summit affirms the commitment of the two governments to develop a strategic partnership that will also focus on sectors such as defence, cybersecurity, space and energy.

Way forward

  • The enhancement of our relationship is part of a common vision for an Indo-Pacific based on respect for international law, freedom of navigation and territorial integrity.
  • Finally, Italy intends to offer full support to the Indian Presidency of the G20. One of the ways it will do so is by contributing to the issues that were at the centre of Italy’s G20 Presidency in 2021. This includes debt service suspension, special drawing rights, finance and health track, and balance sheet optimisation of multilateral banks – that will help promote the agenda of the Global South in this G20, where India’s Presidency will further enhance these priorities.
  • Italy is part of the Coffee Club and can support India’s candidature for the UNSC in future.

Members of Parliament Local Area Development Scheme (MPLAD)

The Government has retracted change in the guidelines for use of MPLADS (Members of Parliament Local Area Development Scheme) funds.

More about the news:

  • Changed guidelines made the provision for allocation to SC/ST areas advisory in nature.
  • Concerns expressed: This could result in a drop in funds for these areas, and change the "inclusive and egalitarian nature" deed of MPLADS.
  • The earlier guidelines, in place of since 2016:
  • provided flexibility in spending funds on either SCs or STS depending on their population in a constituency. They also had a provision to spend the stipulated amount in any other part per of the state provided there was not a sizeable SC/ST population in a MP's constituency.
  • This meant that of the Rs 25 crore MP could spend over five years, at least Rs 3.75 crore had to be set aside for SCs and Rs 1.87 OV ethe crore for SI's.
  • The government has now reinstated these old provisions.

MP Local Area Development (MPLAD) Scheme

  • MPLAD is under MOSPI. The scheme is funded and administered through the Union Ministry of Statistics and Programme Implementation (MOSPI). 
  • Amount allotted - MPLADS allot Rs. 5 crore per year to each Member of Parliament (MP) to be spent on projects of their choice in their constituency. Under the scheme, each MP can suggest to the District Collector for work to be done under the scheme.
  • Role of District Authorities - Sanction of the eligible works and implementation of the sanctioned works in accordance with State Government’s financial, technical and administrative rules.
  • Nodal District - If a Lok Sabha Constituency is spread over more than one District, the Member of Parliament can choose any one of the Districts as Nodal District in his/her constituency. The Rajya Sabha MP can choose any District in his/her State of Election as Nodal District.
  • SC/ST Areas -MPs are to recommend every year, works costing at least 15% of the MPLADS entitlement for the year for areas inhabited by Scheduled Caste population and 7.5% for areas inhabited by S.T. population.    
  • Creating Community Assets - In case there is insufficient tribal population in the area of Lok Sabha Member, they may recommend this amount for the creation of community assets in tribal areas outside of their constituency but within their State of election. In case a State does not have S.T. inhabited areas, this amount may be utilized in S.C. inhabited areas and vice-versa.    
  • Areas prone to calamities - MPLADS works can also be implemented in the areas prone to or affected by the calamities like floods, cyclone, Tsunami, earthquake, hailstorm, avalanche, cloud burst, pest attack, landslides, tornado, drought, fire, chemical, biological and radiological hazards.        
  • MGNREGA - Funds from Member of Parliament Local Area Development Scheme (MPLADS) can be converged with MGNREGA with the objective of creating more durable assets.
  • Khelo India - Funds from Member of Parliament Local Area Development Scheme (MPLADS) can be converged with Khelo India.
  • Amount released in two Instalments - The annual entitlement of Rs 5 crore shall be released, in two equal instalments of Rs 2.5 crore each directly to the District Authority of the Nodal District of the Member of Parliament concerned.        

Conditions for Second Instalment - The second installment of the MPLADS funds will be released subject to the fulfilment of the following eligibility criteria –

(i) the unsanctioned balance amount available in the account of the District Authority after taking into account the cost of all the work sanctioned is less than Rs.1 crore;

(ii) the unspent balance of fund of the MP Concerned is less than Rs. 2.5 crore; and

(iii) Utilization Certificate and Audit Certificate of the immediately concluded financial year ending 31st March have been furnished by District Authority.  

MPLADS Fund Non-Lapsable -  It means that funds sanctioned under MPLADS can be carried forward for utilization for subsequent year.

Further, the funds not released by the Government of India in a year will be carried forward for making releases in the subsequent years.   

Judicial Activism & Overreach

The Supreme Court’s decision to refer to a Constitution Bench the issue of granting legal recognition to same-sex marriages can be seen as an important step towards ensuring gender equality, despite apprehension that it is encroaching on the legislative domain.

Judicial legislation / Judicial Activism

  • Higher judiciary has given several prominent decisions which have raised the eyebrows of constitutional experts regarding the breach of separation of power in India.
  • There are several instances where legislature has delayed the anticipated or warranted actions. Such legislative inaction on burning social issues legitimises and invite judicial intervention.

Instances of Judicial legislation

  • Placing limitations on the President rule through S.R. Bommai Judgement in 1994.
  • The much needed sexual harassment at work place guidelines through Vishaka Guidelines.
  • Supreme Court in  M.C. Mehta vs Union Of India (2018); ruled that  no   motor   vehicle conforming   to   the   emission   standard   Bharat   Stage IV shall be sold or registered in the entire country with effect from 1st April 2020.
  • Supreme Court of India in a landmark case of Laxmi Kant Pandey Vs. Union of India (1984) laid down few principles governing the rules for Inter-Country adoption.

What exactly is Judicial Activism?

  • Judicial activism in India refers to the proactive role played by the judiciary in interpreting the Constitution and laws to promote social justice and protect fundamental rights. The Supreme Court of India has been particularly active in shaping public policy and addressing issues that affect the lives of millions of people in India. Judicial activism has been seen as a positive force for change in India, particularly in cases where the legislature or executive has failed to take action on important issues. However, there have also been concerns about judicial overreach, where the courts are perceived to have gone beyond their constitutional role and interfered with the functioning of the other branches of government.
  • One of the most famous examples of judicial activism in India is the case of Kesavanada Bharati v. State of Kerala, which established the principle of "basic structure" of the Constitution. The Court held that certain fundamental features of the Constitution, such as democracy, secularism, and the rule of law, are essential and cannot be amended by the Parliament.
  • While judicial activism can be seen as a positive force for change, critics argue that it can also undermine the democratic process and encroach on the role of the legislature and executive. Nevertheless, the Supreme Court of India continues to be an active participant in shaping the country's legal and political landscape.
 Judicial Activism  Judicial Overreach
What is it?Judicial activism is manifested when the Supreme Court (or High Court) becomes an activist and compels the authority to act and sometimes also direct the government, government policies and administration.  It is an extreme form of judicial activism where arbitrary and unreasonable interventions are made by the judiciary into the domain of the legislature or executive. The court encroaches upon the role of the legislature by making laws.
Instances:Directing the Centre to create a new policy to handle drought.   Directing the Centre to set up a bad loans panel.   Reforming Board for the Control of Cricket in India (a private body).Directing the govt to constitute collegium to appoint EC.   Instituting collegiums (an extra-constitutional body)   Invalidating the National Judicial Accountability Commission Act, 2014 seeking to ensure transparency and accountability in higher judiciary

Causes of Judicial activism and Judicial Overreach:

  • Asymmetry of power: Supreme Court is the most powerful branch of governance. It’s every judgment is binding on the other two branches (legislature and executive) and it can strike down their actions as well as their laws.
  • Public Interest Litigation (PIL): PIL permitted any member of the society to file a case for appropriate directions against any injustice. Consequently, the expectations of the public went high for judicial intervention to improve the administration.
  • Lackadaisical approach of other organs: Lax functioning of the legislature and executive may result in corruption, delay, non-responsiveness, or inefficiency in the governance. These things create a vacuum in governance. Most of the time such vacuums are filled by the judiciary.
  • Other factors: Growing consciousness of people for their rights, globalization, active media and civil society organizations, concerns for the environment among others are also considered important reasons for judicial activism and judicial overreach.

Concerns over Judicial overreach in India

While judicial activism has been seen as a positive force for change in India, there have also been concerns about judicial overreach, where the courts are perceived to have gone beyond their constitutional role and interfered with the functioning of the other branches of government.

  • Undermines the separation of powers between the judiciary, legislature, and executive. Critics argue that by making policy decisions, the judiciary is encroaching on the domain of the elected representatives and upsetting the delicate balance of power between the branches of government.
  • Lack of accountability towards people: Judiciary as an institution is not accountable to the people in the same way as the legislature and the executive. Further, the judiciary also has the power to punish for ‘Contempt of court.’ This way the judiciary may evade public criticism for many of its actions.
  • Creates a sense of uncertainty and instability, as policies that have been enacted through the democratic process can be challenged in court. This can lead to a situation where the courts are perceived as overriding the will of the people and the democratic process.
  • There have been instances where the Supreme Court of India has been accused of judicial overreach. For example, the Court has been criticized for interfering in matters of executive decision-making, such as the appointment of government officials, the regulation of environmental policies, and the management of religious sites.

How to address the Judicial Activism?

To address these concerns, there have been calls for greater judicial restraint and for the courts to limit their interventions in matters that are primarily the responsibility of the other branches of government.

  • Encourage Judicial Restraint: Judicial restraint refers to the idea that judges should limit their role to interpreting laws rather than creating them. To ensure that judicial activism does not undermine the democratic process, it is important to encourage judges to practice restraint and only intervene when necessary to protect fundamental rights or address clear injustices.
  • Foster Public Education: One of the criticisms of judicial activism is that it can be perceived as anti-democratic or elitist. To address this, it is important to foster public education on the role of the judiciary and the benefits of judicial activism. This can help citizens understand why judges sometimes need to use their power to protect the interests of marginalized groups or uphold constitutional values.
  • Promote Transparency and Accountability: To ensure that judicial activism is not abused, it is important to promote transparency and accountability in the judicial process. This can include measures such as public access to court proceedings and records, clear guidelines for judicial decision-making, and oversight mechanisms to ensure that judges are held accountable for their actions.
  • Foster Judicial Diversity: To promote fair and just decision-making, it is important to foster judicial diversity. This can include increasing the representation of women, minorities, and other marginalized groups on the bench, as well as promoting judicial education on issues related to social justice and human rights.
  • Encourage Dialogue and Debate: Finally, it is important to encourage dialogue and debate on the role of the judiciary and the use of judicial activism. This can include public forums, academic conferences, and other platforms for discussing the benefits and drawbacks of judicial activism and how it can be used in a way that is consistent with democratic principles.

By adopting these approaches, we can ensure that judicial activism is used in a way that upholds the principles of democracy, rule of law, and justice, and helps to promote a more just and equitable society.

Why is WhatsApp threatening to leave U.K.?

During a recent visit to the UK, WhatsApp's head Will Cathcart stated that the company would not comply with the proposed Online Safety Bill, which would effectively ban end-to-end encryption.

What is end-to-end encryption?

The concept of end-to-end (E2E) encryption provides a high level of security for communication by ensuring that only the intended recipient can access the message. Each message is encrypted using a unique decryption key that is specific to both the sender-recipient pair and the message itself. As a result, even the messaging service provider is unable to decrypt the message, providing complete privacy and security. E2E encryption has gained significant traction in recent years, and several popular messaging platforms like WhatsApp, Signal, Apple's iMessage and FaceTime have already adopted it as the default security measure.

What is United Kingdom’s Online Safety Bill?

The proposed British Online Safety Bill aims to improve online safety by placing "duty of care" obligations on online platforms. Clause 110 of OSB, allows the regulator to issue notices to internet service providers to identify and take down terrorism and Child Sex Exploitation and Abuse content communicated "publicly or privately." This would require messaging apps to scan messages and potentially break end-to-end encryption.

Criticism of Online Safety Bill:

  •  The provisions of the bill would erode the benefits of encryption in private communications, reduce internet safety for UK citizens and businesses, and compromise freedom of speech.
  • Matthew Hodgson, co-founder of Element, argues that the idea of effectively requiring backdoors into private content such as encrypted messaging is controversial and would be used by bad actors.
  • Concerns have been raised about how some of the provisions in the bill will be enforced and whether the government will prosecute vulnerable individuals, such as teenagers, for posting their own self-harm images online.

What if the platforms don’t comply?

They may face penalties up to £18 million or 10% of the platforms global revenue of the preceding accounting year.

Similar law in India:

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021:  It is made mandatory for messaging platforms with more than 5 million users in India to “enable the identification of the first originator” of a message (also called traceability). This does not involve scanning and flagging of all encrypted content, but rather aims to locate the initial source of a message that has been forwarded multiple times.

Conclusion:

Social media platforms need careful regulation and content moderation to address the spread of harmful content, while preserving benefits. Balancing regulation with freedom of expression and respecting individuals' rights is crucial. Collaboration between governments, tech companies, civil society organizations, and users is needed to create a responsible online environment.

TELANGANA GOVT. MOVES SC AGAINST GOVERNOR

Delaying of Bills by the Governors has become a recent flashpoint especially in opposition ruled states. On this premise, State Government of Telangana has filed a writ petition before the Supreme Court under its extraordinary jurisdiction under Article 32 of the Indian Constitution against Telangana Governor for her refusal to approve ten bills passed by state assembly. Providing assent to Bills passed by the State Legislature has been provided under Article 200 of the Indian Constitution.

Relation of Extraordinary Jurisdiction with PILs

  • Supreme Court has started entertaining matters in which interest of the public at large is involved.
  • Such petitions can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or
  • by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction.
  • Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases.
  • This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction.
  • A Writ Petition filed is dealt with like any other Writ Petition and processed as such.
  • In case of a letter addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose.

Writ Petition Filed by Telangana Govt. Against Governor

  • Bench of Supreme Court led by Chief Justice of India agreed to hear a petition filed by the Telangana government against Governor for creating a “constitutional impasse” by refusing to act on several Bills passed by the State legislature.   
  • Arguments by the State Government
  • The state government highlighted that ten Bills have been pending awaiting the assent of the Governor since September 2022.
  • The Governor may or may not give assent to the Bill but should not delay the legislations by pocketing the Bill indefinitely.
  • Any refusal on the part of the Governor, including delay, will defeat parliamentary democracy and will of the people.
  • In a parliamentary democracy, the Governor has no discretion to delay necessary assent as required on the Bills.       
  • The State urged the court to declare that the inaction, omission and failure to comply with the constitutional mandate i.e. assent of the Bills by the Governor as highly irregular, illegal.   
  • The state also suggested that under Article, 163 the Governor is not “expected to act independently”.

Understanding the Powers of Governor to give Assent to Bills

  • Article 200 of the Indian Constitution empowers the Governor to declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President.
  • Thus, a Bill passed by the Assembly or both houses in case of Bicameral Legislature, is presented to the Governor who has the following alternatives:
  • He/she may give assent to the Bill; or
  • He/She may withhold assent therefrom; or
  • He/She may return the Bill to the Legislature for reconsideration; or
  • He/She may reserve it for the consideration of the President.
  • When the Bill is so returned as per the third scenario, the House or Houses shall reconsider the Bill accordingly. And if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent
  • The Governor shall not withhold assent therefrom (so it becomes mandatory for the Governor to give assent to the Bill if the Bill is passed by the House the second time with or without changes as suggested by the Governor).
  • Another proviso clause under Article 200 states that the Governor shall not provide assent to the Bill and reserve the same for the consideration of the President if the bill intends to take away powers of High Court.   

ARTICLE 201 - Bills reserved for President’s consideration

Understanding Article 201 - Bills reserved for consideration

  • When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom.
  • Provided that, where the Bill is not a Money Bill - the President may direct the Governor to return the Bill to the House or Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200.
  • And when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, 
  • if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

No Time Limit Imposed Under Article 200 or 201

Article 200

  • The Constitution does not impose any time limit within which the Governor needs to make decisions under Article 200 regarding providing assent to Bills.
  • There is no means to compel the Governor to make him/her provide his/her assent if the Governor decides to keep the Bills pending.
  • Further, a bill pending the assent of Governor under Article 200 does not lapse as a result of dissolution of state assembly.

Article 201

  • Even under Article 201, no time limit has been provided under which the President has to assent or reject the Bill once the Governor reserve the Bill for President’s Assent.
  • The Article ends with the words that the Bill shall again be presented again to the President for his consideration.
  • But what happens after the Bill is presented again has not been mentioned. So, technically, the President is not time bound to assent or reject the Bill which is sent again for his consideration and the Bill can be delayed.

Article 163

  • Another constitutional provision of importance is Article 163 which states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.  
  • However, the discretionary powers of the Governors have not been explicitly defined in the constitution and can only be ascertained by going through certain constitutional provisions.

Governor’s Discretionary Powers

  • Article 163 of the Indian Constitution empowers the council of minister to aid and advise the Governor in the exercise of his functions along with certain discretionary powers. This acts as mechanism of checks and balance against any unconstitutional decisions taken by the state government.   
  • Governor functions both and head of the state and as an agent of the centre and accordingly has been bestowed with the following discretionary powers:
  • Reserve any Bill for the consideration of the President - Article 201.
  • Appoint Chief Minister of State - Article 164(1), inviting leader of the single largest party in to prove majority in case of hung assembly. 
  • Dismiss the ministry as the CM and his ministers holds office during the pleasure of the Governor - Article 164(1) 
  • Sending report to the President under Article 356 - failure of Constitutional machinery in States. 
  • Governor’s responsibility for administration of Tribal Areas and responsibilities placed on the Governor under Article 371A (Nagaland), 371C (Manipur), 371H (Arunachal Pradesh). 

Important Supreme Court Judgments on Powers of Governor

  • Shamsher Singh v. State of Punjab (1974) - Supreme Court said: “The Governor has no right to refuse to act on the advice of the Council of Ministries. Such a position is antithetical to the concept of ‘responsible government’.”     
  • B.P. Singhal v. Union of India (2010)
  • Five Judge Bench of Supreme on removal of governors mentioned about the dual role of governor: 1. Agent of the Centre & 2. Head of the state.
  • SC also held that there may be instances of conflict between Centre and states where the governor has to act neutrally.
  • Nabam Rebia and Bamang Felix v Deputy Speaker
  • Supreme Court decided that Governor can summon, prorogue and dissolve the House, only on the aid and advice of the Council of Ministers with the Chief Minister as the head and not at his own.
  • The Court gave its decision based on discussion in Constituent Assembly debates whereby it was finalised not to give discretionary power to Governor under Article 174. 

Need for Politically Neutral Governor – Sarkaria Commission’s Recommendation

  • Sarkaria Commission on Centre-State Relations, the National Commission to Review the Working of the Constitution and Punchhi Commission has reiterated the need for politically neutral governor.
  • Neutrality of governor is best displayed when he uses his discretionary powers as per the constitution. However, the use of discretionary power by the Governor also leaves certain space for its misutilisation.
  • Sarkaria Commission has recommended the following criteria which must be considered while appointing Governors of state:
  • He should be eminent in some walk of life.
  • He should be a person from outside the State.
  • He should be a detached figure and not too intimately connected with the local politics of the State; and
  • He should be a person who has not taken too great a part in politics generally and particularly in the recent past.  
  • In selecting a Governor in accordance with the above criteria, persons belonging to the minority groups should continue to be given a chance.

Way Forward –

Let us wait for the Supreme Court’s order on the aspect of time limit under which Governor needs to provide assent under Article 200 of the Indian Constitution.

Europe picks up more arms even as global weapon imports drop (SIPRI)

SIPRI’s has released its latest report titled “Trends in International Arms Transfers, 2022”

Stockholm International Peace Research Institute (SIPRI)

SIPRI is an independent international institute dedicated to research into conflict, armaments, arms control and disarmament. Established in 1966, SIPRI provides data, analysis and recommendations, based on open sources, to policymakers, researchers, media and the interested public. SIPRI defines major arms as aircrafts, warships, tanks, artillery, missiles and various heavy defence systems. SIPRI uses the Trends Indicator Values (TIV) methodology to present the figures on global arms imports.

Highlights of the report:

  1. Ukraine was the third largest importer of arms in 2022 (sharp increase of imports from U.S. and Europe in the latest period after Russian invasion).
  2. Europe’s share in global volume of arms transfers increased significantly by 47% in the five-year period between 2013-17 and 2018-22.
  3. The global volume of international arms transfers fell by 5.1% between 2018-22.
  4. The share of West Asia, Americas, Asia, and Oceania decreased marginally in the last five years.
  5. U.S. arms exports increased by 14% between 2013-17 and 2018-22. It accounted for 40% of global arms exports in 2018-22.
  6. Russia’s arms exports fell by 31% between 2013-17 and 2018-22.

Why European countries has increased their arms imports?

  1. Security concerns: Many European countries have increased arms imports due to security concerns, including conflicts in Ukraine, instability in the Middle East, and tensions with Russia.
  2. Modernization: European countries are also increasing arms imports as part of modernization efforts, which involve replacing outdated or obsolete weapons systems with new equipment and technologies.
  3. Geopolitical considerations: Some countries may view arms imports as a way to build strategic relationships with other countries, such as purchasing weapons from the United States to strengthen ties or signal commitment to NATO.

Way Forward:

The prioritization should shift towards investing in human development by reducing defense spending. To achieve global peace, reduce armed conflicts, and foster sustainable development, disarmament is an essential step. While there has been some success in eliminating certain weapons, significant obstacles still exist. It is imperative that governments, organizations, and individuals unite in their efforts to promote disarmament through advocacy, education, and action. Ultimately, the aim should be to create a safer and more secure future for everyone.

AUKUS: Nuclear Submarine to Australia

The AUKUS partnership for Canberra, London, and Washington is about promoting deterrence and stability in the Indo-Pacific. For China, AUKUS, along with the Quadrilateral forum or the Quad, is one of the dangerous “small cliques” that the US is building in Asia. China has warned Canberra that Australia is making an “expensive mistake” that will “plant a time bomb” in the region.

The future of this partnership will involve Canberra, London and Washington to overcome several technical and policy issues in implementing the AUKUS road map. The current estimated cost of the project will be around $250 billion. It will be nearly three decades before an Australian-built nuclear submarine will enter service.

This multi-decadal plan will trigger multiple strategic consequences:

  1. AUKUS is in essence about transforming Australia’s strategic capabilities and making it a powerful factor in shaping the Indo-Pacific regional security environment. AUKUS will see a deeper partnership between the US, UK, and Australia in developing a range of underwater technologies to cope with the dramatic expansion of Chinese naval capabilities in the Indo-Pacific.
  • The UK is the lynchpin in the AUKUS, with its critical role in designing and developing a new class of nuclear-powered submarines by including cutting-edge US technologies to Britain’s domestic nuclear capabilities and the Australian demand. AUKUS will begin to change that by reinforcing London’s renewed claim for a long-term role in Indo-Pacific security.
  • AUKUS has reinvigorated the idea of an “Anglosphere” that speaks of the enduring geopolitical bonds between the US, UK, Australia, Canada, and New Zealand. India, which had difficult ties with the Anglosphere in the past, is now seeing a rapid expansion of its ties with the English-speaking world.

FUNCTIONAL CHALLENGES THAT AUKUS WILL FACE

  1. It is for the U.S. to build nuclear-powered attack submarines (SSNs) for Australia but the U.S. policymakers seem sceptical about the option.
  2. Even if Australia acquires a submarine the integration with the onboard combat system would be difficult due to differences between the current Australian and American fleets.
  3. Canberra could announce a modified version or new design i.e. a completely new AUKUS-class design to be acquired by all three countries but again the biggest of challenges which Australia has to figure out how to get around U.S. export controls. As the U.S.’s stringent export control and protocol regime could jeopardise the technology transfer agreement.
  4. Nuclear technology is difficult under the international system. For Australia to operate nuclear-powered submarines with high-enriched uranium (HEU) fuelled reactors, it will have to exploit a loophole that allows non-nuclear weapon countries to withdraw the fissile material required for submarine reactors from the International Atomic Energy Agency (IAEA)-monitored stockpile.
  5. For India Acquiring nuclear propulsion technology is likely to be complicated as India is not a party to the Non-Proliferation Treaty.

ABOUT AUKUS USA, UK and Australia have formed a security partnership in Indo–Pacific with an aim to counter Chinese aggression. This group has been created in addition to already existing collaborations like QUAD, 5 eyes alliance etc. In this backdrop let us understand the various dimensions of AUKUS and its implications on the geo-politics of Indo- Pacific.

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BENEFITS OF AUKUS FOR INDIA

  1. Strengthens India-Australia relations
    • Aims at improving defence capabilities of Australia which is a strategic partner of India.
    • India & Australia recently held their first round of 2+2 dialogue to deepen their defence & strategic ties.

India can now see a dramatic upgradation of those Australian capabilities in the coming years. This should also open the door for greater S&T cooperation between India and Australia which should eventually expand to cover sensitive strategic areas.

2. Augments Quads capability

  • Augment capacity of Quad of which both US and  Australia are members.
  • This is a first of its kind defence initiative of the US in the Indo - Pacific since Quad has not clearly outlined its defence motives clearly.
  • AUKUS is beneficial for India because it reflects continued & intensifying US-Australian concerns about China.
  • Bolster both Australian and American ability to deter China or to respond in the event of a crisis. Thus, supplements Quad’s efforts.

3. Clarifies role of Big Powers in Indo - Pacific

  • Indian policymakers have gone from worrying about too much US presence and interest in Indian Ocean to worrying about Washington paying too little attention to this region. AUKUS could ease this concern.
  • AUKUS conveys the U.K.’s seriousness about its tilt to the Indo-Pacific and signals a change in UK’s assessment of China.
  • AUKUS rollout gives India an opportunity to boost diplomatic, defence & trade ties, particularly with France. France will probably double down on its efforts to secure arms deals with India—for commercial and political economic reasons and maybe even to get one over on the U.S.
  • France’s reaction to AUKUS could make it more willing and able to help India attain nuclear-powered submarines in addition to or in place of Russia.

Thus it can be concluded that India has now  a rare opportunity to develop a unique set of arrangements of its own with Washington and its allies that will strengthen India’s comprehensive national power as well as enhance its contribution to regional peace and security.

CHALLENGES FROM AUKUS FOR INDIA

  1. Tussle between AUKUS nations & France discourages consensus on larger issue of rise of China.
  2. France's discontent feeds China’s narrative about U.S. unreliability.
  3. Despite India’s increasing collaboration with US, India did not get the offer that US has offered to Australia under AUKUS.
  4. Creation of AUKUS signals a dilution of USA’s interest in India, in its Indo – Pacific strategy.
  5. Shrinks potential space available for Quad, and India, to play a serious role in region’s security architecture.

Multiple Indicator Survey (MIS) - NSS 78th Round Report [2020-21]

The National Sample Survey Office (NSSO) carried out the Multiple Indicator Survey (MIS) covering the entire country in its 78th round. The objectives of the MIS were:

  • To collect information for developing estimates of some important Sustainable Development Goal (SDG) indicators.
  • To collect information Purchase/Construction of house(s)/ flat(s) by the household for residential purpose after 31.03.2014 and information on Migration.
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OBC census

The Union Government on March 14 informed Lok Sabha that the Justice G. Rohini Commission which is looking into the sub-categorisation has been working without the data from the last Socio-Economic Caste Census (SECC) conducted in 2011.

Need for Caste-based Census:

  • Estimate change in demography: Present reservations and other welfare scheme entitlements to OBC are still based on the population estimates of 1931.
  • Bring about social justice: Help governments’ welfare schemes reach the most backward and deprived castes that have been marginalised till date.
  •  Help rationalize reservation policy as per need of a specific caste or community: Land fragmentation and decades of agricultural stagnation have turned many upper caste landowners into marginal farmers. Whereas rising rural wage has benefitted some of the backward classes including Dalits.
  • Demand for Reservations: There has been demands to expand OBC reservation (as the present 50% cap is arbitrary) and inclusion of dominant castes like Jats, Kapus, Patidars, Marathas etc. into OBC category. Often these demands are not based on scientific evidence. Hence, a Caste based socio-economic census will bring out the real picture.
  • OBC Sub-categorisation: OBC membership is large and heterogeneous, with vast intra-caste differences in socio-economic conditions. Some better-off groups among OBC castes have cornered a disproportionately large share of seats reserved for OBCs giving rise to demand of sub-classification of various caste groups among OBCs. Caste based socio economic census will help in such classification.
  • Assess impact of Affirmative action: A socio economic caste census would help in assessing how far the extension of reservations to OBCs benefited them.

Rohini Commission:

This Commission was constituted under article 340 of Constitution with mandate is to examine issues of sub-categorization within Other Backward Classes in Central List.

 Findings/suggestions:

  • It found that 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified. And around 25% of these jobs and seats went to just 10 OBC communities.
  • 983 OBC communities, 1/3rd of the total, had almost had zero representation in jobs and admissions in educational institutions.
  • Proposed to divide 27% reservation for the castes on the Central list into four sub-categories.
Rohini Commission: This Commission was constituted under article 340 of Constitution with mandate is to examine issues of sub-categorization within Other Backward Classes in Central List.  Findings/suggestions: It found that 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified. And around 25% of these jobs and seats went to just 10 OBC communities.983 OBC communities, 1/3rd of the total, had almost had zero representation in jobs and admissions in educational institutions. Proposed to divide 27% reservation for the castes on the Cent

Higher Education

AISHE report
The Ministry of Education, Government of India has released All India Survey on Higher Education (AISHE) 2020-2021.

The Ministry has been conducting All India Survey on Higher Education (AISHE) since 2011, covering all higher educational institutions located in Indian Territory and imparting higher education in the country.

The survey collects detailed information on different parameters such as student enrolment, teacher’s data, infrastructural information, financial information etc.  

Key findings of the survey: The total enrolment in higher education has increased to nearly 4.14 crore in 2020-21 from 3.85 crore in 2019-20.  Since 2014-15, there has been an increase of around 72 Lakh in the enrolment (21%).

Higher education's Gross Enrolment Ratio (GER) has also surpassed 27.3%. The GER measures the proportion of adults between the ages of 18 and 23 who are enrolled in college. It was determined using data from the 2011 Census.The Female enrolment has increased to 2.01 crore from 1.88 crore in 2019-20. 

There has been an increase of around 44 Lakh (28%) since 2014-15.

Female GER has overtaken Male GER since 2017-18. Gender Parity Index (GPI), the ratio of female GER to male GER, has increased from 1 in 2017-18 to 1.05 in 2020-21.

There has been a noticeable increase in the enrolment of students from Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Classes (OBC) in higher education institutions between 2014–15 and 2020–21.

ST students have seen the largest growth, with a nearly 47% increase. Government universities constitute contribute 73.1% of total enrolment of students. Whereas private universities account for only 26.3% of the total enrolment.

The University Grant Commission (UGC) has unveiled draft norms to allow foreign universities to set up campuses in India. The draft rules are intended to regulate the entry and operations of Foreign Universities to conduct various degrees, diplomas and certificate programmes.

The draft regulations provided foreign universities intended to setup in India with significant freedom in terms of fee structure, recruiting staff, designing courses and awarding degrees, diplomas and certificates. This was done, in line with National Education Policy (NEP) 2020, to promote internationalisation of the higher education in India.

Internationalisation of Higher Education:

Internationalisation of higher education promotes sharing of best academic and research practices through interactions between diverse education systems, and helps in developing global citizens through mobility of students and scholars. In Indian context, this aspect of internationalisation of higher education is as old as education itself. Ancient universities like Takshashila and Nalanda attracted many scholars from various parts of the globe. In modern times, globalisation gave opportunities to attract international students, academics and funding and many Indian Higher Education Institutions are now committed to increase their global outreach.

Need for Internationalisation of Higher education in India:

  • Improve global rankings: Though few Indian educational institutions are appearing in world rankings of universities, the score for “Internationalisation” among all the indicators is found to be relatively poor for them. Thus, Internationalisation of Higher Education may act as the catalyst to spur many Indian universities to improve their global rankings.
  • Potential for foreign investment: There is exponential growth in number of students enrolled in higher education outside their country and this trend is likely to continue.

However, as on December 2020, India had more than 10 Lakhs students studying abroad (MEA 2021). whereas, number for foreign students coming to India for the purpose of higher education as per All India Survey on Higher Education (AISHE) 2019-2020, is around 50,000.

  • Quality upgradation: systematic internationalisation of higher education will result in increased global outreach, knowledge acquisition, development of internationally relevant curricular framework and sharing of teaching-learning-research best practices.

In order to promote internationalization of higher education in India, the Government of India has taken several initiatives. These include:

  • Establishment of the National Commission for Higher Education and Research (NCHER) which aims to facilitate and coordinate the internationalization of higher education in India.
  • Launch of the Study in India programme, which seeks to attract more foreign students to Indian universities.
  • Launch of several international scholarships, such as the Prime Minister's Scholarship Scheme and the Central Sector Scheme of Scholarship for Foreign Students, to attract students from abroad.

Data Governance Architecture in India

India is making strides in the digital arena and this has also improved economic pace and improved life of citizens. Development in the field of digital technologies and its increasing usage among public has resulted in explosion of datas which can be used as a future resource. As the country evolves digitally, there is also a need to evolve inclusive, transparent, secure and sustainable strategies for data governance for the future. On this note, let us go through the different strategies suggested by the government towards data governance architecture along with their concerns.    

The Draft National Data Governance Framework Policy

  • Non-personal Data and Anonymized Data from Government and Private entities are safely accessible by Research and Innovation eco-system.
  • Provide an institutional framework for data/datasets/metadata rules, standards, guidelines and protocols for sharing of non-personal data sets while ensuring privacy, security and trust.
  • Ministry of Electronics & Information Technology has initiated a National Program on Artificial Intelligence (AI) and one of the components of the program is setting up the "India Data Management Office (IDMO)". 
  • The proposed IDMO aims to improve access, quality, and use of public sector data to catalyze data-driven governance, decision-making and create an ecosystem for data-based Innovation and research.    
  • The Ministry of Electronics and Information Technology has released the Draft National Data Governance Framework Policy in May 2022 for public consultation.                 

The primary objectives envisioned for IDMO are the following:

  • Data Governance:
  • Designing data standards, data quality metrics, and associated tools and frameworks to leverage data for innovation
  • Institute mechanisms for data sharing and access that can enable an ecosystem of data-driven governance, research, and innovation.
  • It will enable and build the India Datasets Platform that will process requests and provide access to non- personal and anonymized datasets to Indian / India-based AI- and Data-led researchers and Startups.
  • Building Data Capacity: To build and augment the capacity of data functionaries within government entities working on data consolidation, management, and sharing activities through sensitization and training.

Benefits of Proposed India Data Management Office (IDMO)

  • Ensure Mechanism for Data Sharing and Data Governance - by coordinate closely with line Ministries, State Governments, and other schematic programs to standardize data management by building up capacity and capabilities in each Ministry.
  • Accelerate inclusion of non-personal datasets housed within ministries and private companies into the India Datasets program.  
  • Promote data sovereignty (data converted and stored in India are subject to national laws) by coordinating India’s digital strategies and data governance framework and to ensure they are aligned with national values and priorities.
  • IDMO will Promote Open-Source Solutions – promotion, development and implementation of open-source solutions (which can be modified and shared and is publicly accessible) will ensure data architectures as social public good which can become accessible and affordable for all.       
  • Opportunity to develop solutions that can be adopted and adapted in other countries - Open source and open innovation models can be important alternatives to proprietary solutions that are governed by big tech companies.

India Stack & Its Objectives

  • India Stack is a set of Application Programming Interface (APIs) that allows governments, businesses, startups and developers to utilise an unique digital Infrastructure to solve India’s hard problems towards presence-less, paperless, and cashless service delivery.
  • India Stack aim to unlock the economic primitives of identity, data, and payments at population scale.
  • Foundations of the India Stack includes
  • Identity Layer – Giving every resident a unique (Aadhaar, e-KYC, e-Sign)
  • Payments Layer – Allowing anyone to pay everyone (UPI, Aadhaar Payments Bridge, Aadhaar Enabled Payment Service)
  • Data Empowerment – Enable Secure sharing of Data (Consent Artefact, DigiLocker, Account Aggregator)

Data Empowerment & Protection Architecture  

NITI Aayog has released “Draft Document on Data Empowerment And Protection Architecture” which aims to promote greater user control on data sharing.

Need for Such an Architecture  

  • According to NITI Aayog, millions of Indians are creating electronic transaction histories and becoming ‘data-rich’ at historic rates, even before becoming economically rich or even financially stable.      
  • Personal data helps people inform and build trust with key institutions providing life-altering services, such as hospitals, banks, or future employers.
  • Thus, based on these examples, government believes that individuals themselves are the best judges of correct uses of their personal data, rather than competing institutional interests.
  • DEPA accordingly has been designed as an evolvable and agile framework for good data governance considering the rapid change in data technology. Accordingly, DEPA seeks to provide a foundation of three key building blocks:     
  • 1. Enabling Regulations
  • 2. Cutting Edge Technology Standards
  • 3. New types of public and private organisations with incentives closely aligned to those of individuals     
  • In a nutshell, DEPA aims to empower people to seamlessly and securely access their data and share it with third party institutions for their own benefit.

Consent Infrastructure

DEPA’s technology architecture is a first of its kind interoperable, secure, and privacy preserving digital framework for data sharing through the following:

  1. The Consent Artefact - is a technology Standard for programmable consent to replace the all-permissive terms and conditions forms. The consent individuals provide is designed on principles acronymed ORGANS:
  2. Open standards (ensuring all institutions use the same approach interoperably)
  3. Revocable (by individuals)
  4. Granular (provided for each time you share data, stipulates how long data can be accessed, etc.)
  5. Auditable (in machine readable logs of consent provided)
  6. provide Notice to all parties, and Secure by design
  7. Open Application Programming Interface (APIs) for Data Sharing - allow many new Consent Managers to ‘plug in’ to a common sharing system rather than having to build bilateral relationships with information providers to access data.  API is a software intermediary that allows two applications to talk to each other.
  8. Financial Information Standards - allow a data recipient to quickly interpret and understand information from a new institution.  

Proposed Usage of DEPA Framework

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Proposed Benefits of DEPA

  • Solve Credit Crunch faced by MSMEs - Sharing of past financial data like past turnover, GST Bills etc. (with the consent of owner) will especially help people in the MSME Sector to get credit without submitting any collateral. Thus, as per NITI Aayog, DEPA will prove useful to solve 20-25 trillion Rupees credit gap faced by MSMEs.
  • Better Financial Management - Using DEPA, individuals and small businesses can use their digital footprints to access not just affordable loans, but also insurance, savings, and better financial management products.         
  • Building Trust based on previous Digital History - Digital transaction used by small shop owners, farmers, traders, MSME entrepreneurs, rural Self Help Groups and gig economy workers are increasingly generating a digital transaction history that could be use to inform and build trust with financial institutions.  
  • Solve the problem of Data Access – Different type of datas are stored across sectors and in different formats which makes access to data very difficult. Thus, in India there is an issue of Data Fragmentation as Datas are not inter-connected or linked with each other on any given platform. So, DEPA will not only help in solving the issue of inaccessibility of one’s own data but will also help to link scattered data lying across sectors in different formats in an organised way. 
  • Need to harmonise regulations on Data Sharing - There is also a lack of harmonisation around the regulations for data sharing of citizens within and across sectors. Thus DEPA will ensure that data of citizens are not misused without individuals’ knowledge and consent. This organisation of data of individuals will help such citizens who urgently require such data to access better services.      
  • Need for evolvable, interoperable and secure data sharing framework - There is a need to have an evolvable, interoperable and secure data sharing framework to use newly generated data by Indians.      
  • Benefit for citizens through Data Management – Personal data management will help individuals and small businesses with the practical means to access, control, and selectively share personal data that they have stored across multiple institutional datasets. This will also help to maximise the benefits of data sharing for individual empowerment whilst minimising privacy risks and data misuse. Thus, overall, Personal data management will help to transform the current organisation-centric data sharing system to an individual centric approach that promotes user control on data sharing for empowerment or access to various financial, health or educational services.     
  • Create New Institutions – Account Aggregators & Consent Managers - DEPA’s Institutional Architecture will involve the creation of new market players whose incentives align more closely with individuals - user Consent Managers. These Consent Managers in the financial sector will be known as Account Aggregators. A non-profit collective or alliance of these players will be created called the DigiSahamati Foundation.
  • Benefits in Health & Agriculture Sectors - The use of digital technologies can enhance access to health-care services, particularly in rural and remote areas, while in agriculture they can empower farmers and enhance their incomes.  

Concerns – DEPA  

  • Privacy Risk on Sharing Information in Important Sectors – Sharing of personal data can cause security or privacy risk particularly regarding sensitive information.
  • Health Sector - there is a risk that sensitive medical information could be misused or exploited for commercial purposes,
  • Agriculture - there is a risk that market information could be manipulated for the benefit of certain enterprises.
  • Ownership and Governance of data generated and collected in health and agriculture.
  • Misuse or Misappropriation - If the consent management tool is not properly implemented or managed, there is a risk that personal information could be misused or misappropriated.
  • Inconsistent Implementation across Sectors - implementation of DEPA may be inconsistent across different sectors and jurisdictions, which could undermine its effectiveness and create confusion among citizens.
  • To implement DEPA tool in a transparent, consistent and secure manner, what is needed is a close collaboration between the government, private sector, civil society, and other stakeholders and the development of clear and effective regulations and standards.
  • Whether Digital Inclusion in Health and Agriculture will be successfully implemented like Financial Sector Not Certain.
  • Concerns on infrastructure, connectivity and the availability of a skilled human workforce to achieve the goal of digital governance.

Need to Find Balance

  • While devising a strategy for data framework and governance, India needs to balance:
  • Between data sovereignty and limitless data flow
  • interests of all stakeholders - including governments, businesses, and citizens for the goal of sustainable development
  • Between developing clear, transparent and accountable data governance policies & regulations and investment in the necessary digital infrastructure and skills to ensure that data is collected, stored, and used in a responsible, secure and accountable manner

Way Forward

The challenges of digital infrastructure, privacy protection, data security, and responsible data governance must be addressed before the advancements made in digital governance can be fully realised in other sectors.  Further, India Stack must be designed and developed in sync with India’s broader development strategies. This will allow data governance to be aligned with the India’s core values and priorities which will ultimately promotes development of a secure, more egalitarian, and trustworthy digital future for all.